Agreement between User and www.andreaflanagan.com
Welcome to www.andreaflanagan.com. The www.andreaflanagan.com website (the “Site”) is
comprised of various web pages operated by Andrea Flanagan Photography.
www.andreaflanagan.com is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein (the “Terms”). Your use of
www.andreaflanagan.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
www.andreaflanagan.com is a Photography Site.
Andrea Flanagan Photography is a portrait studio creating images for family photos, headshots,
senior pictures and business branding photography. The purpose of this website is to showcase the
work and offerings of your photography studio
Privacy
Your use of www.andreaflanagan.com is subject to Andrea Flanagan Photography’s Privacy
Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting www.andreaflanagan.com or sending emails to Andrea Flanagan Photography constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.
Children Under Thirteen
Andrea Flanagan Photography does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you may use
www.andreaflanagan.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.andreaflanagan.com may contain links to other websites (“Linked Sites”). The Linked Sites
are not under the control of Andrea Flanagan Photography and Andrea Flanagan Photography is
not responsible for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Andrea Flanagan Photography is
providing these links to you only as a convenience, and the inclusion of any link does not imply
endorsement by Andrea Flanagan Photography of the site or any association with its operators.
Certain services made available via www.andreaflanagan.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
www.andreaflanagan.com domain, you hereby acknowledge and consent that Andrea Flanagan
Photography may share such information and data with any third party with whom Andrea
Flanagan Photography has a contractual relationship to provide the requested product, service or
functionality on behalf of www.andreaflanagan.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.andreaflanagan.com strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to Andrea Flanagan Photography that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party’s use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Andrea Flanagan
Photography or its suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such content and will not make
any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Andrea Flanagan Photography content is not for resale. Your use of the Site does not entitle you
to make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the content without the express written
permission of Andrea Flanagan Photography and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Andrea Flanagan Photography or our licensors except as
expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Andrea Flanagan Photography account to third party accounts.
By connecting your Andrea Flanagan Photography account to your third party account, you
acknowledge and agree that you are consenting to the continuous release of information about you
to others (in accordance with your privacy settings on those third party sites). If you do not want
information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Andrea Flanagan Photography from our
offices within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the Andrea
Flanagan Photography Content accessed through www.andreaflanagan.com in any country or in
any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Andrea Flanagan Photography, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the
Site or services, any user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. Andrea Flanagan Photography reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with Andrea Flanagan Photography in asserting any available
defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. ANDREA FLANAGAN PHOTOGRAPHY AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.
ANDREA FLANAGAN PHOTOGRAPHY AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. ANDREA FLANAGAN PHOTOGRAPHY AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ANDREA FLANAGAN PHOTOGRAPHY AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANDREA FLANAGAN
PHOTOGRAPHY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
Andrea Flanagan Photography reserves the right, in its sole discretion, to terminate your access to
the Site and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado
and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Andrea Flanagan Photography as a result of this agreement or use of the Site. Andrea
Flanagan Photography’s performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of Andrea Flanagan
Photography’s right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to or gathered by Andrea
Flanagan Photography with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Andrea Flanagan Photography with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and Andrea Flanagan Photography with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related documents be written
in English.
Changes to Terms
Andrea Flanagan Photography reserves the right, in its sole discretion, to change the Terms under
which www.andreaflanagan.com is offered. The most current version of the Terms will supersede
all previous versions. Andrea Flanagan Photography encourages you to periodically review the
Terms to stay informed of our updates.
Contact Us
Andrea Flanagan Photography welcomes your questions or comments regarding the Terms:
Andrea Flanagan Photography
445 S Saulsbury Street. Unit G
Lakewood, Colorado 80226
Email Address:
andreaflana@yahoo.com
Telephone number:
7202173251
Effective as of January 12, 2023
